Cross motions for summary judgment of inequitable conduct denied
Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Oct. 30, 2006.
Jordan, J. Plaintiff’s motion for summary judgment that the patent-in-suit is not unenforceable due to alleged inequitable conduct is denied; defendants’ motion for summary judgment of inequitable conduct is denied.
The six briefs filed serve only to support the observations that charges of inequitable conduct are particularly ill-suited to resolution by summary judgment, because they often involve questions of intent and materiality. Question of intent is particularly problematic. Ampex correctly pointed out 37 disputed issues of fact, and then inexplicably filed its cross-motion.
